5.28.010 Definitions A. "Agent" means any individual who receives any commission or remuneration of any kind, either directly or indirectly, for making any solicitation or collection under the sponsorship, or in behalf of any other person. B. "Board" means the solicitations review board. C "Charitable or welfare purposes" means and includes the use, actual or represented, of money or property for the benefit in any manner of the poor, impoverished, destitute, underprivileged, needy, sick, refugee, or crippled persons; the use, actual or represented, of money or property for the benefit of any church, congregation, religious society or any other religious sect, group or order; the use, actual or represented, of money or property of patriotic purpose, such as the teaching of patriotism or the relief or assistance of any veteran, or the benefit of any veterans' organization or association, or any purpose purporting to aid the defense or general welfare of the United States, or the state or any state or nation, or for the relief of any race or group of people; civic purposes, such as social, musical, theatrical or cultural functions or the improvement or beautification of any state, city or community; the use, actual or represented, of money or property for the benefit of any fraternal or social organization or associations; the use, actual or represented, of money or property for the benefit of existing educational institutions or for the education of any person or group of persons; the use, actual or represented, of money or property for any historical preservation or reconstruction purpose; the use, actual or represented, of money or property for animal husbandry purposes, the prevention of cruelty to animals, the fostering or preservation of any breed or species of animal, or education of the public for the proper care of animals; the use, actual or represented, of money or property for encouraging or participating in athletics or sports. Charitable or welfare purposes does not include political campaign, or lobbying, or the use, actual or represented, of money or property for the election of persons to government offices, or referendums, recalls, initiatives, or petitions. D. "Funds" mean money, credit, property, financial assistance, or any other thing of value. E. "Nonresident" means any person who has not been a resident or domiciled in Douglas County continuously for forty-five days immediately prior to making application for a solicitation permit. F. "Persons" mean and include any natural person, firm, partnership, corporation, association or organization. G. "Principal" means the organization or person upon whose behalf or under whose sponsorship a solicitation is made or proposed to be made. H. "Solicit" or "solicitation" means and includes the request, directly or indirectly, for money, credit, property, financial assistance, or any other thing of value on the plea of representation that such money, credit, property, financial assistance or any other thing of value will be used for charitable or welfare purposes (as the term charitable or welfare purposes is herein defined), and also means and includes, but shall not be limited to, the sale or offer or attempt to sell any advertisement, advertising space, book, card, coupon, device, magazine, membership, merchandise, subscription, tax, ticket or any other thing in connection with which any appeal is made for any charitable or welfare purposes; or where the name of any organization for charitable or welfare purposes is used or referred to in any such appeal as an inducement or reason for making any such sale; or when any part of the proceeds from any such sale will go to or be donated to any charitable or welfare purpose. A solicitation, as defined in this section, shall be deemed completed when communicated to any person then located within the boundaries of the county, whether or not the person making the solicitation is located within the boundary of the county, and whether or not the person making such solicitation receives any contribution, or makes any sale referred to in this chapter. (Ord. 355 §1 (part), 1980)

5.28.020 Permit application A. Procedure. Any person desiring to solicit funds for charitable or welfare purposes in the county, as principal or agent, shall apply to the sheriff for an application form, and shall answer under oath, under penalty of perjury, and in writing all questions on the form so provided. The board is directed and authorized to have prepared and printed a form, and to make corrections, amendments, modifications or changes in the form subject to approval by the board of county commissioners. The sheriff shall submit all applications to the board for its action within thirty days of receipt of each application. The board shall act upon an application within thirty days of the date it is filed with the sheriff. Each application shall be filed at least thirty days prior to the proposed effective date of the permit. The board may act upon an application submitted less than thirty days prior to the proposed effective date of the permit if the action by the board does not violate the Nevada Open Meeting Law, NRS 241.010 et. seq. Any person whose application has not been acted upon within thirty days of the filing with the sheriff may solicit without the necessity of a permit or credentials for ninety days from the date of the filing with the sheriff but such person shall comply with sections 5.28.100, 5.28.110 and 5.28.120. B. Contents. Any person desiring to solicit funds for charitable or welfare purposes in the county, as principal or agent, shall provide all of the following information in his application and any additional information the board may require: 1. Proof of income tax exempt status from the United States Department of Internal Revenue; 2. Proof of sales tax exempt status from the Nevada Department of Taxation in compliance with NRS 372.325(5) and NRS 374.330(5) if retail sales is to be a part of solicitation method used; 3. Proof of approval from the Nevada Gaming Control Board in compliance with NRS 463.409 if gambling or gaming is to be part of the solicitation method used; 4. The name, address, (local and permanent), telephone number (local and permanent), occupation, age and sex of all persons for whom the permit credentials are requested; 5. The exact purpose for which the charitable or welfare solicitations are to be made, and the name and address of the individual and organization to whom the funds collected are to be delivered; 6. An estimate of the amount of funds to be collected, the method by which solicitations are to be made, and estimate of the costs to be incurred in administrative and fund-raising expenses; 7. The signature of the applicants. By applicant's signature, he acknowledges he has read the charitable solicitation ordinance, and that he assumes personal liability for any fraud perpetrated or committed by his principal or agent while soliciting for charitable or welfare contributions within the county. (Ord. 355 §1 (part), 1980)

5.28.030 ExemptionsThe following are exempt from the provisions of this chapter: A. Any solicitation made upon premises owned or occupied by the association upon whose behalf the solicitation is made; B. Any association soliciting contributions solely from persons who are members thereof at the time of the obligation. (Ord. 355 §1 (part), 1980)

5.28.040 Solicitation review board A. There is created a solicitations review board, which shall consist of the sheriff or his representative, the district attorney or his representative, and the county manager or his representative. The members of this board shall elect a chairman, and make its own organizational rules. The functions of this board shall be to administer the provisions of this chapter. B. It shall be the duty of the board to review applications submitted to it by the sheriff, and to recommend the issuance of a permit for each application if it finds that the provisions of this chapter have been complied with. C. The board shall recommend the denial of permits for all other applications, or the withholding of permits until such time as the provisions set forth in this chapter shall be fully complied with. D. The board shall report to the board of county commissioners any violations of this chapter that come to the knowledge of the board, and it shall make such other recommendations as it shall deem proper to the administration and enforcement of this chapter. E. The board shall provide a stenographer who will be in attendance at each review board meeting, for the purpose of recording the proceeding. A copy of the minutes of each meeting will be filed for permanent record with the county manager and maintain for public inspection during regular office hours. (Ord. 355 §1 (part), 1980)

5.28.050 Issuance, denial and revocation of permit A. The sheriff shall issue a permit to an applicant when he receives from the board its recommendation that the permit be issued and receives payment of the permit fee provided for in this chapter. He shall deny a permit in each instance where the board so recommends. B. The sheriff shall revoke a permit only upon the order of the board of the county commissioners. Matters of revocation shall first come before the board which shall schedule a hearing at the next regular meeting or special meeting of the board. Revocation of any permit issued may be made on the following grounds: 1. Fraud or misrepresentation in solicitations; 2. Violations of the solicitation rules in section 5.28.100; 3. Failure to comply with the accounting and financial reporting requirements of section 5.28.110 and section 5.28.120; and 4. False statements made in the permit application. C. Grounds for a denial of a permit are the same as those for revocation of a permit, and failure to comply with section 5.28.020(B). (Ord. 355 §1 (part), 1980)

5.28.060 Appeal from denial or revocation of permit A. Any applicant who is denied a permit under this chapter, or whose permit has been revoked by the board after a hearing has been held, may appeal in writing to the county commissioners, filing his appeal with the county clerk within ten days after receiving written notification that his application for permit has been denied, or a permit previously issued pursuant to this chapter has been revoked. The board of county commissioners shall forthwith set the matter for hearing, and shall cause notice of the time and place to be given to the applicant or permit holder, which time shall not be less than five days prior to the date of the hearing. At the hearing the applicant shall appear and offer evidence in support of his application or permit, after which the board of county commissioners shall either grant, deny, reinstate, or refuse to reinstate the permit. B. Any applicant whose permit application has been denied, or whose permit has been revoked, may request issuance of a temporary solicitation permit during the appeal. The sheriff shall issue a temporary solicitation permit to any applicant who has filed an appeal, and who requests a temporary permit, for the period of time between the filing of the appeal and the hearing before the board of county commissioners. C. Any applicant whose appeal is not heard by the board of county commissioners within ten days of filing an appeal with the county clerk may solicit without the necessity of a permit or credential for a period of sixty days from the date of the filing of an appeal with the county clerk, but such person must comply with sections 5.28.100, 5.28.110 and 5.28.120. (Ord. 355 §1 (part), 1980)

5.28.070 Form of solicitations permit--Time limit A. Permits issued by the sheriff pursuant to this chapter shall bear the name and address of the person by whom the solicitation is to be made, the number of the permit, the date issued, the dates within which the permit holder may solicit, and a statement that the permit does not constitute an endorsement by the county. B. Every permit granted under the authority of this chapter shall expire at the termination of the solicitation period specified on the permit, and which shall not exceed ninety days from the date of issuance. C. A separate permit is required for each program of solicitation. (Ord. 355 §1 (part), 1980)

5.28.080 Fee for charitable solicitation permitBefore a permit is issued there shall be paid to the sheriff a sum to be set by resolution of the board of county commissions, which sum shall not be less then ten dollars. (Ord. 355 §1 (part), 1980)

5.28.090 Credentials A. The sheriff shall supply the permittee with a sufficient number of credentials on a standard form to be supplied each individual solicitor with a credential. The permittee shall be responsible to see that each individual solicitor has the proper credentials. The permittee may obtain additional credentials from the sheriff by submitting supplementary lists of solicitors at any time prior to the expiration of the permit. The credentials shall include the name of the permit holder, the date of issuance, a description of the purposes for the solicitation, the signature of the permit holder, and the name, address and signature of the solicitor to whom the credential is issued, a specified period of time during which the solicitor is authorized to solicit on behalf of the permit holder, and the date of expiration of the credential. B. No person shall solicit under any permit granted under this chapter without a credential. The credential must be shown, upon request, to all persons solicited and to any police officer in the county. C. Persons sixteen years of age or younger, who are wearing the official uniform of an organization for which they are soliciting funds are exempt from this section. (Ord. 355 §1 (part), 1980)

5.28.100 Time, place, and manner of solicitationIt is unlawful for any person to solicit for a charitable or welfare purpose in violation of these rules: A. Within fifteen feet of any door or driveway within a commercial or industrial zone; B. Within thirty feet of any gaming or gambling device, unless that gaming or gambling device is to be a part of the fund raising method; C. Solicitations for charitable purpose may not be made by telephone; D. Solicitations for charitable purposes shall not be made at any house, apartment, mobile home or residence where signs or warnings (e.g., "No Peddlers," "No Solicitors" or "Day Sleeper") prohibiting solicitations are posted; E. Solicitations for charitable purposes may be made in any residential zone between the hours of nine a.m. and seven p.m. only, in commercial zones between the hours of ten a.m. and eight p.m. only, and in industrial zones between the hours of eight a.m. and six p.m. only; F. Solicitations for charitable purposes may not be made on the following holidays: New Year's Day, Easter, Thanksgiving or Christmas; G. A receipt shall be issued by every person who solicits and receives a contribution indicating the amount contributed to the contributor. The receipt shall contain the name of the organization that is conducting the charitable solicitation, the signature of the solicitor, the date, the amount or value of the contribution, and whether the contribution is income tax deductible. Persons twelve years of age or younger who are wearing the official uniform of the organization for which they are soliciting are exempt from this subsection; H. No person who, within the last ten years has been convicted of any felony, any sex offense, any narcotics offense, any crime of dishonesty or moral turpitude, any crime of violence, or who has had a civil judgment by a court of competent jurisdiction rendered against him for any tort or cause of action of fraud, misrepresentation, deceit, violence or moral turpitude shall not solicit funds until he has presented himself to the county sheriff for identification and investigation. Any such person who illustrates he has rehabilitated himself shall be issued a solicitation permit or credential pursuant to this chapter notwithstanding the conviction; G. Solicitors over the age of the sixteen years may solicit in groups of no more than two persons per group. A group is defined as any congregation of persons who are soliciting funds for the same charitable purpose within two hundred feet of one another; I. Solicitations for charitable purposes shall be conducted in a manner not to obstruct or block any sidewalk, or interfere or impede pedestrian or vehicular traffic, or violate any other county ordinance; J. Solicitations for charitable purposes shall not be conducted by way of lottery, raffle, drawing or door prize in violation of NRS 462.010, et. seq. (Ord. 355 §1 (part), 1980)

5.28.110 AccountingNo person shall solicit any contributions for any charitable purpose without maintaining a system of accounting whereby all donations and all disbursements are entered upon the books and records of the person's treasurer or other financial officer. (Ord. 355 §1 (part), 1980)

5.28.120 Financial report--Public inspection A. It shall be the duty of all persons issued permits pursuant to this chapter to furnish to the solicitations review board, on a standard form provided by the board, within thirty days after the expiration of the solicitation permits, a detailed report and financial statement showing the amount raised by the solicitation, the amount expended in collecting the funds, including a detailed report of wages, fees, commissions and expenses paid to any person connected with the solicitation. The financial report shall include the percentage of the funds collected that were actually donated to, or used for, the charitable purpose, and the percentage of fund collected consumed by overhead, administrative and promotional costs. If the costs exceed fifty percent of the funds collected, the person issued the permit shall submit a statement describing in detail why overhead, administrative and promotional costs exceeded fifty percent. The board may order the appearance of such person before the board and require that person to explain why overhead, administrative and promotional costs exceeded fifty percent of the funds collected. All financial reports shall be available for public inspection at the office of the county manager during regular office hours; provided, however, that the board may extend the time for the filing of the report required by this section for an additional period of thirty days upon proof that the filing of the report within the time specified will work unnecessary hardship on the permit holder. The permit holder shall make available for inspection to the board, or to any person designated in writing by the board as its representative for such purpose, all books, records, and papers whereby the accuracy of the report required by this section may be checked. B. No person, principal or agent shall be issued a new solicitation permit, nor shall his former permit be renewed or extended for more than thirty days until he complies with this section. (Ord. 355 §1 (part), 1980)

5.28.140 Unlawful acts--Penalty A. It is unlawful for any person in soliciting funds for charitable or welfare purposes to do any forbidden by this chapter, or to fail to do any of the acts required by this chapter. B. Any person, firm or corporation convicted of willfully violating any of the provisions of this chapter shall be subject to having his permit revoked pursuant to the terms of this chapter. In addition to the penalties above named, any person, firm or corporation convicted of violating the provisions of this chapter shall be deemed guilty of a misdemeanor. (Ord. 645, 1994; Ord. 355 §1 (part), 1980)

5.28.150 Severability clauseIf any section, subsection, subdivision, paragraph, sentence, clause, phrase or word in this chapter or any part thereof is for any reason held to be unconstitutional, invalid, ineffective or otherwise unenforceable by any court of competent jurisdiction, such decision shall not affect the validity or the effectiveness of the remaining portions of this chapter, or any part thereof. The board of county commissioners declares that it would have enacted such section, subsection, subdivision, paragraph, sentence, clause, phrase or word of this chapter irrespective of the enactment of any other and irrespective of the fact that one or more section, subsection, subdivision, paragraph, sentence, clause, phrase or word be declared unconstitutional, invalid, ineffective or otherwise unenforceable. (Ord. 355 §1 (part), 1980)